Saskatchewan Court of Appeal overturns trial judge, allows dismissal for just cause based on incompetence
In Radio CJVR Ltd. v. Schutte, 2009 SKCA 92, the Saskatchewan Court of Appeal, in overturning the trial judge's decision, ruled that the employer had just cause to dismiss an employee who was the program director, music director and on-air morning show co-host for a newly formatted AM station.
In doing so, the court recited the test that will be applied when assessing whether an employer had just cause to dismiss an employee based on incompetence:
- the employer must provide reasonable objective standards of performance for the employee in a clear and understandable manner;
- the employee must have failed to meet the employer's reasonable standard of performance;
- the employer must give the employee a clear and unequivocal warning that she or he has failed to meet the requisite standard, including particulars of the specific deficiency relied on by the employer; and
- the warning must clearly indicate that the employee will be dismissed if he or she fails to meet the requisite standard within a reasonable time.
Arbitrator upholds 3-day suspension for local union president who copied business records without permission
North Bay Newspaper Guild v. North Bay Nugget,  O.L.A.A. No. 476 (QL) (Luborsky)